city of Chula Vista

File #: 14-0272    Name: Amendment to CVMC Chapter 9.13 - Sexually Oriented Businesses
Type: Public Hearing Status: Passed
In control: City Council
On agenda: 7/8/2014 Final action:
Title: CONSIDERATION OF AMENDING CHAPTER 9.13 OF THE CHULA VISTA MUNICIPAL CODE RELATED TO THE REGULATION OF SEXUALLY ORIENTED BUSINESSES ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.13 OF THE CHULA VISTA MUNICIPAL CODE REGULATING THE LICENSING AND OPERATIONAL STANDARDS FOR SEXUALLY ORIENTED BUSINESSES (FIRST READING)
Code sections: 09.13 - Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals
Attachments: 1. Item 22 - Ordinance, 2. Item 22 - List of Exhibits, 3. Item 22 - Summary of Exhibits, 4. Item 22 - Chief of Police David Bejarano's Testimony, 5. Item 22 - Chula Vista Police Chief David Bejarano CV, 6. Item 22 - Available Sites for Adult Business Use, 7. Items 22 and 23 - Presentation
Related files: 14-0273, 14-0437, 14-0316
Title
CONSIDERATION OF AMENDING CHAPTER 9.13 OF THE CHULA VISTA MUNICIPAL CODE RELATED TO THE REGULATION OF SEXUALLY ORIENTED BUSINESSES

ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.13 OF THE CHULA VISTA MUNICIPAL CODE REGULATING THE LICENSING AND OPERATIONAL STANDARDS FOR SEXUALLY ORIENTED BUSINESSES (FIRST READING)

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RECOMMENDED ACTION
Recommended Action
Council conduct the public hearing and place the ordinance on first reading.

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SUMMARY
The existing provisions of the Chula Vista Municipal Code (CVMC), specifically Chapter 9.13, pertaining to the licensing and regulation of sexually oriented businesses were updated in November 2012 and are in need of some clean up and enhancement in order to reduce and/or preclude undesirable secondary effects including, but not limited to, increased crime, blighting influences in the community, decrease in property values, and the spread of sexually transmitted diseases. Accordingly, staff and its legal consultant have again reviewed the legal issues relating to the regulation of adult businesses, particularly as these proposed regulations protect public health, safety, and welfare. As a result of this research and review process, the proposed ordinance provides the requisite balance between the City's interests in protecting the public safety, health, and welfare and the constitutional protection afforded to adult businesses. Moreover, the proposed ordinance provides the evidentiary and factual foundation required to reasonably conclude that adult business can create potentially serious and deleterious secondary effects in the Chula Vista community, and therefore, the City's adult business regulations should be revised.

ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activity is not a "Project" as defined under section 15378 of the St...

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